The right to be accompanied by a colleague or trade union official at disciplinary and grievance hearings is likely to be a familiar concept to employers. 在这里，我们将讨论该权利的细微差别，以及如果存在违约可能发生的情况.
工人的权利是什么?
被陪伴的法定权利在1999年《十大正规博彩网站评级》中有规定. 这项权利不仅限于雇员，而且不论工龄长短都适用. A 工人 是否有权陪同出席纪律或申诉聆讯, 员工是否应该合理地要求有人陪同. The 工人 is entitled to one companion that can be either a colleague or a trade union representative.
如果该工人的伴侣在听证日期不能到场, the 工人 is able to request the hearing is rescheduled in order for their companion to attend. An alternative date should be suggested by the 工人 and should be within five working days of the original hearing date. 如果是，那么雇主必须同意重新安排.
The 工人 does not need to be a member of a trade union in order to ask for a trade union companion, 工会本身也不需要得到雇主的认可. 进一步, the 工人 has the right to chose who they want to be their companion and an employer cannot deny the choice of companion provided the companion is a colleague or trade union representative, 即使同伴的出现可能会影响听证会.
Bear in mind that the statutory rights set out the minimum requirements that must be observed. Employers are able to widen the right or use their discretion as may be required in certain circumstances, 例如, allowing a family member or case 工人 to attend as a reasonable adjustment in situations where the 工人 is known to have a disability.
伴侣的权利是什么?
陪护在听证会上的作用是有限的. 他们可以把工人的案子提出来, 他们被允许代表工人对听证会上表达的任何观点作出回应, 他们可以全程与工人沟通. 然而, the employer does not have to allow the companion to answer questions on the 工人’s behalf or address the hearing if the 工人 does not wish them to. The companion is not entitled to use their powers as a companion in a way that prevents the employer from explaining its case.
一个同伴, 无论是同事还是工会代表, must be permitted to take paid time off during working hours to accompany the 工人 to the hearing.
什么是纪律或申诉听证会?
A disciplinary hearing is defined as a hearing that could result in the administration of a formal warning to a 工人 by their employer, 或雇主对该工人采取的其他行动, or the confirmation of said warning or some other action (such as might be the case in an appeal).
在这种情况下, whether the right to be accompanied is triggered will depend on the nature of the meeting and whether it constitutes a hearing where a decision is being made. An investigation meeting itself will generally not be one where decisions are made or where the individual is at risk of receiving a warning or other action. 与此形成鲜明对比的是, a performance or absence management hearing could fall into this category if it is the case that the 工人 may receive a warning or be dismissed as an outcome of that hearing.
A grievance hearing is one which concerns the performance of a duty by an employer in relation to a 工人 and will usually arise in the case of a 工人 making a complaint. This could also extend to 工人s making whistleblowing complaints if there is a separate process for such.
为了避免任何疑问, it is good practice to allow the 工人 to be accompanied to a range of hearings or meetings. 这也有助于在员工和雇主之间建立信任和信心, 因为工人将能够获得支持时，面对一个潜在的艰巨的过程.
Be aware that there is no requirement for a hearing to be held in-person and the right to be accompanied still applies if holding the meeting remotely (either online or by telephone). Suitable facilities such as video or telephone conferencing will be required to allow everyone to attend.
如果有漏洞怎么办?
A 工人 can bring a claim to an employment tribunal in the event that they are prevented from exercising their right to be accompanied or if the right is otherwise breached. A successful claim will result in the 工人 being awarded an amount of up to two weeks’ pay. A week’s pay is calculated in accordance with the Employment Rights Act 1996 and is currently capped at £571.
The risk of a breach may therefore seem low although in addition to the nominal compensation there will be the associated time and costs to take into account. Employers should be aware that a 工人 could also bring claims for detriment or automatically unfair dismissal if they have suffered such as a result of exercising or seeking to exercise their right to be accompanied.
使损害索赔成功, 这种损害肯定比独自出席听证会更严重. An example could be refusing to hold an appeal meeting because of the choice of the 工人’s companion. Successful detriment claims are generally awarded by way of injury to feelings so can be much more costly than a mere breach of the right to be accompanied.
Automatic unfair dismissal claims in this respect are unusual because this is a right generally reserved strictly for 员工s. 在这种情况下，索赔实际上可以由 工人 不论工作时间长短.
如果不被认定为不公平解雇, 然后，它可能导致发现普通的不公平解雇(但只有当它是一个 员工 以程序上的理由(须服务两年). 如果在这方面作出了裁决, there could also be an uplift of compensation up to 25% for failure to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures so this can lead to much more substantial costs to the employer.
In view of the risks, employers are well advised to ensure 工人s are appropriately accompanied. 员工选择独自出席听证会的情形, 这个事实, 同时，工人也知道他们有被陪伴的权利, 要在会议记录中注明吗.
